Amended in Assembly June 1, 2016

Amended in Assembly April 14, 2016

Amended in Assembly April 4, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 1934


Introduced by Assembly Member Santiago

February 12, 2016


An act to add Section 65915.7 to the Government Code, relating to housing.

LEGISLATIVE COUNSEL’S DIGEST

AB 1934, as amended, Santiago. Planning and zoning:begin delete densityend deletebegin insert developmentend insert bonuses: mixed-use projects.

The Planning and Zoning Law requires, when an applicant proposes a housing development within the jurisdiction of the local government, that the city, county, or city and county provide the developer with a density bonus and other incentives or concessions for the production of lower income housing units or for the donation of land within the development if the developer, among other things, agrees to construct a specified percentage of units for very low, low-, or moderate-income households or qualifying residents.

Thisbegin delete bill would,end deletebegin insert bill,end insert when an applicant for approval for commercial development agrees to partner with an affordable housing developer to construct abegin delete mixed-used project for which the housing will be located onsite at the proposed commercial development,end deletebegin insert joint project or 2 separate projects encompassing affordable housing, wouldend insert require a city, county, or city and county to grant to the commercial developer abegin delete densityend deletebegin insert developmentend insert bonus, as specified.begin insert The bill would define the development bonus to mean incentives mutually agreed upon by the developer and the jurisdiction including, but not limited to, specified variances.end insert By increasing the duties of local officials relating to the administration ofbegin delete densityend deletebegin insert developmentend insert bonuses, this bill would create a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

The Legislature finds and declares that the
2development of affordable housing is a matter of statewide concern
3and is not a municipal affair as that term is used in Section 5 of
4Article XI of the California Constitution. Therefore, Section
565915.7 of the Government Code, as proposed to be added by this
6act, shall apply to all cities, including charter cities.

7

SEC. 2.  

Section 65915.7 is added to the Government Code, to
8read:

9

65915.7.  

(a) When an applicant for approval for commercial
10development agrees to partner with an affordable housing developer
11to construct abegin delete mixed-used project for which the housing will be
12located onsite at the proposed commercial development,end delete
begin insert joint
13project or two separate projects eend insert
begin insertncompassing affordable housing,end insert
14 the city, county, or city and county shall, in addition to any density
15bonus and incentives or concessions granted to the affordable
16housing developer as prescribed inbegin insert subparagraph (C) of paragraph
17(2) of subdivision (d) ofend insert
Section 65915, grant to the commercial
18developer abegin delete densityend deletebegin insert developmentend insert bonus as prescribed in subdivision
19(b).begin insert Offsite housing constructed according to this subdivision shall
20be all of the following:end insert

begin insert

21
(1) Within the boundaries of the local government.

end insert
begin insert

22
(2) In close proximity to public amenities including schools and
23employment centers.

end insert
begin insert

24
(3) In close proximity to both pedestrian amenities and transit
25corridors.

end insert

P3    1(b) Thebegin delete densityend deletebegin insert developmentend insert bonus granted to the commercial
2developer shall meanbegin delete exceptions resulting in significant cost
3reductions over the maximum allowable intensity in the general
4plan, zoning ordinance, or other regulation of the city, county, or
5city and county, including, but not limited to, floor area ratios, and
6may include modification to development standards such as height
7and parking requirements.end delete
begin insert incentives, mutually agreed upon by
8the developer and the jurisdiction, that may include, but are not
9limited to, anyend insert
begin insert of the following:end insert

begin insert

10
(1) Up to a 20-percent variance in maximum allowable intensity
11in the General Plan, zoning ordinance, or other regulation.

end insert
begin insert

12
(2) Up to a 20-percent variance in maximum allowable floor
13area ratio.

end insert
begin insert

14
(3) Up to a 20-percent variance in maximum height
15requirements.

end insert
begin insert

16
(4) Up to a 20-percent variance in minimum parking
17requirements.

end insert
begin insert

18
(5) A specific use of a limited-use/limited-application elevator
19for upper floor accessibility.

end insert
begin insert

20
(c) For the purposes of this section, the agreement for partnered
21housing and commercial developments shall be approved by the
22affordable housing developer, the commercial developer, and the
23local government.

end insert
begin insert

24
(d) For the purposes of this section, affordable housing may be
25contributed by the commercial developer in one of the following
26manners:

end insert
begin insert

27
(1) The commercial developer may directly build the units.

end insert
begin insert

28
(2) The commercial developer may dedicate a portion of the
29site or property elsewhere to the affordable housing developer for
30use as a site for affordable housing.

end insert
begin insert

31
(3) The commercial developer may make an in-lieu payment to
32the affordable housing developer that shall be used towards the
33costs of affordable housing construction on a pending project.

end insert
begin insert

34
(e) For the purposes of this section, subparagraph (A) of
35paragraph (3) of subdivision (c) of Section 65915 shall apply.

end insert
begin insert

36
(f) Nothing in this section shall preclude any additional
37allowances or incentives offered to developers by local
38governments pursuant to law or regulation.

end insert
begin insert

39
(g) (1) If the developer of the affordable units does not
40commence with construction of those units in accordance with
P4    1timelines ascribed by the agreement described in subdivision (c),
2the local government may withhold certificates of occupancy for
3any market rate units under construction until the developer has
4completed construction of the affordable units.

end insert
begin insert

5
(2) For the purposes of this subdivision, “commence with
6construction” shall mean either of the following:

end insert
begin insert

7
(A) Commence or complete the construction of affordable units.

end insert
begin insert

8
(B) Issuance of building permits for the construction of the
9affordable units.

end insert
10

SEC. 3.  

No reimbursement is required by this act pursuant to
11Section 6 of Article XIII B of the California Constitution because
12a local agency or school district has the authority to levy service
13charges, fees, or assessments sufficient to pay for the program or
14level of service mandated by this act, within the meaning of Section
1517556 of the Government Code.



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